Spitzer "Disappointed" in Wall Street's Regulators
Is Edward Snowden a Whistleblower?
Federal Economic Espionage Act Overview
White Collar Enforcement in 2013
In an August 11, 2014 article (www.thebirberyact.com) “Supersize me: Innospec 4 sentencing remarks do much more than they say on the tin,” Barry Vitou and Richard Kovalevsky (“The Authors”) do a great service by elevating...more
Appellate Court Says No Pitchess Motion Required to Determine if Records Contain Brady Material -
Overview: A California appellate court held this week that prosecutors are entitled to direct access — without a...more
Hell hath no fury like a regulator (allegedly) lied to. This week, the SEC brought civil charges, and the U.S. Attorney for the Southern District of New York brought criminal charges, against a broker-dealer and its founder...more
Yihao “Ben” Pu is probably coming to grips with the phrases “crime doesn’t pay…” and “don’t do the crime unless you’re willing to do the time….” In federal court in Chicago, on Thursday, August 7, 2014, Pu, a former...more
At my sentencing hearing, Judge Richard Leon stated that he had no doubt that I had been ultimately deterred, and added "Have you made a turn in the road for the better? There is no question about that either. But I have to...more
Federal prosecutors in the Eastern District of Texas recently brought criminal charges under the Health Insurance Portability and Accountability Act (“HIPAA”) against a former East Texas hospital employee. The former...more
The case of Carmelo Bruzzese provides an interesting example of why Red Notices do not always lead to arrest and extradition, even where the alleged crime is rather serious by most standards....more
We previously reported on the federal criminal and State of Ohio enforcement actions arising from the release of tens of thousands of gallons of hydraulic fracturing waste into a Youngstown, Ohio, area tributary by Hard Rock...more
A federal court in Ohio has handed down a 28-month prison sentence and imposed a $25,000 fine for dumping fracking waste in violation of the Clean Water Act....more
In the case of R. v. Sipos, the accused was convicted of multiple sexual offences and physical assaults in 1996. In 1998, he was declared a dangerous offender under s. 753 of the Criminal Code and given an indeterminate...more
A man keeps multiple loaded guns unsecured throughout his house which he shares with a girlfriend, who has periodic visits from her nine year old son. For two days the man does not notice that one of the loaded guns is...more
The FCPA has broad extraterritorial reach. Everyone knows that and understands how foreign conduct can be prosecuted in the United States courts.
FCPA violators, however, are learning about the long-arm of the law and...more
Just weeks before the sentencing of three insurance producers for insurance fraud and STOLI-related conduct in the Southern District of New York (covered here), two insurance producers and several insureds were arrested in...more
Below is Part 5 of my partner, Rick Josepher’s, analysis of the new offshore enforcement environment in light of the new 2014 Offshore Voluntary Disclosure Procedures....more
With the June passage of New York Senate bill S7890 and Assembly bill A10143, the Empire State’s elephant and mammoth ivory and rhino horn trade may be approaching extinction.
The legislation, which will take effect...more
The US District Court for the Northern District of Illinois denied a motion to dismiss a 16-count indictment for insider trading, finding the government adequately alleged each element of the offense....more
Lester and Nancy Sadler, a husband and wife, ran a series of pain management clinics in Ohio.
As the Sixth Circuit explained, "these were not conventional plain clinics." For example, at one clinic patients would...more
James Tagliaferri, the former President of TAG Virgin Islands, a registered investment adviser, was found guilty by a jury of one count of investment adviser fraud, six counts of violating the Travel Act, one count of...more
The General Assembly’s Short Session began Wednesday, May 14, 2014. The MVA Public Affairs Legislative Report on North Carolina will be distributed weekly to keep you up to date on the latest legislative issues facing the...more
The U.S. District Court in San Francisco was busy this month sentencing defendants in two of the year’s biggest trade secrets cases.
First, on July 10, U.S. District Court Judge Jeffrey S. White sentenced Walter...more
The risk to the privilege against self-incrimination is not limited to proceedings taking place in parallel in Canada and the United States (U.S.). The case of R. v. Eurocopter Canada Ltd.,  O.J. No. 2120, is a good...more
United States v. Flores-Mejia, Third Circuit: The court vacated Appellant's sentence after being convicted of reentry after deportation. The Third Circuit, however, used the opportunity to change its current law and now...more
On July 3, the DOJ announced the resolution of a multi-agency criminal investigation into the way a large mortgage company administered the federal Home Affordable Modification Program (HAMP). According to a Restitution and...more
After months of investigation the RCMP have criminally charged suspended Senator, Mike Duffy, with governmental fraud and bribery, and plenty of other no-no's relating to Senate expenses. And opposition leaders say Prime...more
The Sandy Hook massacre sparked a massive nationwide debate on gun laws. In New York, this resulted in the enactment of the New York Secure Ammunition and Firearms Enforcement Act of 2013 (NY SAFE Act). Under the new gun...more
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